Nirvana wins 'child pornography' lawsuit filed by naked baby on Nevermind cover
Nirvana's remaining band members have won a 'child pornography' lawsuit filed by the naked baby on the infamous Nevermind album cover.
The rock group's famous album featured a cover of four-month-old Spencer Elden swimming naked towards a dollar bill on a fishhook back in 1991.
His parents received a phone call from photographer Kirk Weddle asking if he could photograph their son for a project.
The Eldens, who were friends of the photographer, agreed and were paid just $200 (£158) for the image.
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Little did they know that the chart-topping album would go on to sell 30 million copies worldwide.
Spencer, now in his 30s, claimed the cover violated federal child pornography laws by displaying a sexualized image of a minor.
The defendants included surviving Nirvana members Dave Grohl and Krist Novoselic, as well as late singer Kurt Cobain's widow Courtney Love, and Weddle.
However, Judge Fernando M. Olguin dismissed the case on Tuesday (30 September), ruling that it was 'not child pornography'.
As reported by Billboard, Judge Olguin ruled: "Neither the pose, focal point, setting, nor overall context suggest the album cover features sexually explicit conduct.
"This image – an image that is most analogous to a family photo of a nude child bathing – is plainly insufficient to support a finding of [child pornography]."
Nirvana’s attorney Bert H. Deixler said in a statement provided to the outlet: "We are delighted that the court has ended this meritless case and freed our creative clients of the stigma of false allegations."
It comes after Spencer filed a civil lawsuit against the band in 2021, citing 'lascivious' display of a child's genitals prohibited under federal child porn statutes.
“Spencer’s true identity and legal name are forever tied to the commercial sexual exploitation he experienced as a minor,” his lawyers said at the time.
A year later, Judge Olguin dismissed the case before the 9th Circuit Court of Appeals reversed that decision in 2023 and revived the lawsuit.
"In sum, plaintiff fails to allege that he knew of a violation that occurred while he was a minor or an injury that forms the basis of the claim within ten years of filing this action," the judge wrote.
Back in 2016, Spencer recreated the album cover with his clothes on to celebrate its 25th anniversary.
"I said to the photographer, 'Let's do it naked'. But he thought that would be weird, so I wore my swim shorts," he told The New York Post, having recreated the artwork on a number of occasions prior.
"It’s cool but weird to be part of something so important that I don’t even remember."
Topics: Music, US News, Dave Grohl
Anish Vij